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On The Conflict And Adjustment Between Tibetan Customary Law And State Law

Posted on:2021-03-25Degree:MasterType:Thesis
Country:ChinaCandidate:Z Y HuangFull Text:PDF
GTID:2416330620969244Subject:Jurisprudence
Abstract/Summary:PDF Full Text Request
From the perspective of rape,this paper analyzes and interprets the relationship between Tibetan customary law and national law,studies from the aspects of legislation,justice and law enforcement,deeply analyzes the causes of conflicts between national law and customary law,and proves that the relationship between national law and customary law is not based on conflicts,but on coexistence and integration,and puts forward innovative solutions to customary law and national law Methods and paths of conflict of laws.This paper is divided into four chapters.The first chapter introduces the concept of customary law,explores the development and historical origin of Tibetan customary law,analyzes and summarizes the class nature of Tibetan customary law from the Marxist point of view,which provides a reference for us to understand Tibetan Customary Law scientifically.The second chapter expounds the conflict between the customary law and the state law from the judicial situation and predicament of the rape cases in Tibet,puts forward the light punishment and probation of the rape crime in the judicial practice in Tibet,and produces the thinking of the rule of law.The third chapter focuses on explaining and answering the reasons why these problems exist,and explores the causes of the problems from the aspects of history,society,family and ideology.It analyzes why the Tibetan customary law has strong vitality and affects all aspects of the daily life of the Tibetan people.However,the national law appears in Tibet,which is not satisfied with the local conditions ” Response.The fourth chapter fully demonstrates the necessity of adjusting the conflict between the national law and the Tibetan customary law,puts forward the reform of the Tibetan customary law from the legislative aspect,from the judicial aspect,from the judicial aspect,from the law enforcement aspect,the implementation of reconciliation,dispute resolution,protection of women's andchildren's rights and interests to resolve conflicts,and puts forward innovative suggestions to improve the Tibetan legislation and build the criminal reconciliation department's legal system Degree.It has certain reference significance for our country to make national policy,perfect national legislation and reform judicial enforcement.
Keywords/Search Tags:Tibetan customary law, crime of rape, national law, criminal reconciliation
PDF Full Text Request
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